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This article was first published on Law360.com and reproduced with permission from Law360.

The Differences Between Assumption and Reinstatement under the Bankruptcy Code

Although a debt agreement may be considered a contract under which both parties have ongoing obligations, section 365(c)(2) of the US Bankruptcy Code expressly prevents a debtor from treating it as an

One of the benefits the US Bankruptcy Code offers debtors is the ability to assign freely contracts under which the debtor has ongoing performance obligations, even if the underlying contract contains a restriction or prohibition against such assignment. Section 365 of the Bankruptcy Code has its limits and does impose certain conditions to such assignment,

On 20 January 2023, the Interim Proposal on the Reform of Secured Transaction Law (“Interim Proposal“) was published by the Japanese government. The Interim Proposal is, among other things, intended to govern security interests created by secured transactions, such as security assignments and sales with retention of title, that have been recognized by court precedents.

ABT Auto Investments Limited vs. Aapico Investment Pte Ltd and Ors [2022] EWHC 2839 (Comm.)

In brief

A cross-practice group in the London office of Baker McKenzie — led by Restructuring Partner, Priyanka Usmani, Disputes Resolution Partner Charles Thomson and Banking Partner Matthew Cox — represented Aapico who were successful in their argument that they

In Peace River Hydro Partners v. Petrowest Corp., the Supreme Court of Canada (SCC) refused to stay a receiver’s civil lawsuit in favour of multiple arbitration proceedings, finding the arbitration agreements were made inoperative by court order to facilitate an orderly and single insolvency process.

This case helps resolve a tension between the expedience

Taking on the challenges, opportunities and benefits of talking about the energy transition and sustainability

The importance of taking into account stakeholder attitudes to Environmental, Social and Governance (ESG) issues as part of business generally, but also a turnaround strategy, was highlighted in this session. Such stakeholders include customers, suppliers, investors and capital providers, which

Serhiy Chrony (Managing Partner, Kyiv) and Paul Melling (founding partner, former Moscow office) both of Baker McKenzie, and Daniel Thoniley (President, DT Global Business Consulting) spoke about issues in banking and finance and restructuring in Ukraine and Russia since the escalation of hostilities in February 2022.

Serhiy and Paul reflected on their personal experiences in